Florida Senate - 2020                                    SB 1848
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-01834-20                                           20201848__
    1                        A bill to be entitled                      
    2         An act relating to communications services; amending
    3         s. 337.401, F.S.; removing certain communications
    4         services lines as items over which certain
    5         governmental entities are authorized to prescribe and
    6         enforce reasonable rules and regulations; removing
    7         provisions that specify limitations and prohibitions
    8         on municipalities and counties relating to
    9         registrations and renewals of communications services
   10         providers; removing provisions that authorize
   11         municipalities and counties to require certain
   12         information as part of a registration; removing
   13         provisions that prohibit municipalities and counties
   14         from requiring a payment of fees, costs, or charges
   15         for provider registration or renewal; removing
   16         provisions that prohibit municipalities and counties
   17         from adopting or enforcing certain ordinances, rules,
   18         or requirements; removing limitations on municipal and
   19         county authority to regulate and manage municipal and
   20         county roads or rights-of-way; removing provisions
   21         that prohibit certain municipalities and counties from
   22         imposing permit fees; removing provisions that specify
   23         activities for which permit fees may not be imposed;
   24         removing the requirement that enforcement of certain
   25         ordinances must be suspended until certain conditions
   26         are met; removing a condition for certain in-kind
   27         compensation; revising items over which municipalities
   28         and counties may exercise regulatory control; removing
   29         provisions for requirements relating to right-of-way
   30         permits; removing provisions relating to municipal and
   31         county authority over pass-through providers; deleting
   32         references to, and administration and provisions of,
   33         the Advanced Wireless Infrastructure Deployment Act;
   34         removing a provision authorizing a civil action for
   35         specified violations; removing certain actions a court
   36         may take; removing provisions that require that work
   37         in a certain authority’s rights-of-way must comply
   38         with a specified document; providing an effective
   39         date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Paragraph (a) of subsection (1), subsection (3),
   44  paragraph (d) of subsection (6), and subsections (7), (8), and
   45  (9) of section 337.401, Florida Statutes, are amended to read:
   46         337.401 Use of right-of-way for utilities subject to
   47  regulation; permit; fees.—
   48         (1)(a) The department and local governmental entities,
   49  referred to in this section and in ss. 337.402, 337.403, and
   50  337.404 as the “authority,” that have jurisdiction and control
   51  of public roads or publicly owned rail corridors are authorized
   52  to prescribe and enforce reasonable rules or regulations with
   53  reference to the placing and maintaining across, on, or within
   54  the right-of-way limits of any road or publicly owned rail
   55  corridors under their respective jurisdictions any electric
   56  transmission, voice, telegraph, data, or other communications
   57  services lines or wireless facilities; pole lines; poles;
   58  railways; ditches; sewers; water, heat, or gas mains; pipelines;
   59  fences; gasoline tanks and pumps; or other structures referred
   60  to in this section and in ss. 337.402, 337.403, and 337.404 as
   61  the “utility.” The department may enter into a permit-delegation
   62  agreement with a governmental entity if issuance of a permit is
   63  based on requirements that the department finds will ensure the
   64  safety and integrity of facilities of the Department of
   65  Transportation; however, the permit-delegation agreement does
   66  not apply to facilities of electric utilities as defined in s.
   67  366.02(2).
   68         (3)(a) Because of the unique circumstances applicable to
   69  providers of communications services, including, but not limited
   70  to, the circumstances described in paragraph (e) and the fact
   71  that federal and state law require the nondiscriminatory
   72  treatment of providers of telecommunications services, and
   73  because of the desire to promote competition among providers of
   74  communications services, it is the intent of the Legislature
   75  that municipalities and counties treat providers of
   76  communications services in a nondiscriminatory and competitively
   77  neutral manner when imposing rules or regulations governing the
   78  placement or maintenance of communications facilities in the
   79  public roads or rights-of-way. Rules or regulations imposed by a
   80  municipality or county relating to providers of communications
   81  services placing or maintaining communications facilities in its
   82  roads or rights-of-way must be generally applicable to all
   83  providers of communications services, taking into account the
   84  distinct engineering, construction, operation, maintenance,
   85  public works, and safety requirements of the provider’s
   86  facilities, and, notwithstanding any other law, may not require
   87  a provider of communications services to apply for or enter into
   88  an individual license, franchise, or other agreement with the
   89  municipality or county as a condition of placing or maintaining
   90  communications facilities in its roads or rights-of-way. In
   91  addition to other reasonable rules or regulations that a
   92  municipality or county may adopt relating to the placement or
   93  maintenance of communications facilities in its roads or rights
   94  of-way under this subsection or subsection (7), a municipality
   95  or county may require a provider of communications services that
   96  places or seeks to place facilities in its roads or rights-of
   97  way to register with the municipality or county. To register, a
   98  provider of communications services may be required only to
   99  provide its name; the name, address, and telephone number of a
  100  contact person for the registrant; the number of the
  101  registrant’s current certificate of authorization issued by the
  102  Florida Public Service Commission, the Federal Communications
  103  Commission, or the Department of State; a statement of whether
  104  the registrant is a pass-through provider as defined in
  105  subparagraph (6)(a)1.; the registrant’s federal employer
  106  identification number; and any required proof of insurance or
  107  self-insuring status adequate to defend and cover claims. A
  108  municipality or county may not require a registrant to renew a
  109  registration more frequently than every 5 years but may require
  110  during this period that a registrant update the registration
  111  information provided under this subsection within 90 days after
  112  a change in such information. A municipality or county may not
  113  require the registrant to provide an inventory of communications
  114  facilities, maps, locations of such facilities, or other
  115  information by a registrant as a condition of registration,
  116  renewal, or for any other purpose; provided, however, that a
  117  municipality or county may require as part of a permit
  118  application that the applicant identify at-grade communications
  119  facilities within 50 feet of the proposed installation location
  120  for the placement of at-grade communications facilities. A
  121  municipality or county may not require a provider to pay any
  122  fee, cost, or other charge for registration or renewal thereof.
  123  It is the intent of the Legislature that the placement,
  124  operation, maintenance, upgrading, and extension of
  125  communications facilities not be unreasonably interrupted or
  126  delayed through the permitting or other local regulatory
  127  process. Except as provided in this chapter or otherwise
  128  expressly authorized by chapter 202, chapter 364, or chapter
  129  610, a municipality or county may not adopt or enforce any
  130  ordinance, regulation, or requirement as to the placement or
  131  operation of communications facilities in a right-of-way by a
  132  communications services provider authorized by state or local
  133  law to operate in a right-of-way; regulate any communications
  134  services; or impose or collect any tax, fee, cost, charge, or
  135  exaction for the provision of communications services over the
  136  communications services provider’s communications facilities in
  137  a right-of-way.
  138         (b) Registration described in paragraph (a) does not
  139  establish a right to place or maintain, or priority for the
  140  placement or maintenance of, a communications facility in roads
  141  or rights-of-way of a municipality or county. Each municipality
  142  and county retains the authority to regulate and manage
  143  municipal and county roads or rights-of-way in exercising its
  144  police power, subject to the limitations imposed in this section
  145  and chapters 202 and 610. Any rules or regulations adopted by a
  146  municipality or county which govern the occupation of its roads
  147  or rights-of-way by providers of communications services must be
  148  related to the placement or maintenance of facilities in such
  149  roads or rights-of-way, must be reasonable and
  150  nondiscriminatory, and may include only those matters necessary
  151  to manage the roads or rights-of-way of the municipality or
  152  county.
  153         (c) Any municipality or county that, as of January 1, 2019,
  154  elected to require permit fees from any provider of
  155  communications services that uses or occupies municipal or
  156  county roads or rights-of-way pursuant to former paragraph (c)
  157  or former paragraph (j), Florida Statutes 2018, may continue to
  158  require and collect such fees. A municipality or county that
  159  elected as of January 1, 2019, to require permit fees may elect
  160  to forego such fees as provided herein. A municipality or county
  161  that elected as of January 1, 2019, not to require permit fees
  162  may not elect to impose permit fees. All fees authorized under
  163  this paragraph must be reasonable and commensurate with the
  164  direct and actual cost of the regulatory activity, including
  165  issuing and processing permits, plan reviews, physical
  166  inspection, and direct administrative costs; must be
  167  demonstrable; and must be equitable among users of the roads or
  168  rights-of-way. A fee authorized under this paragraph may not be
  169  offset against the tax imposed under chapter 202; include the
  170  costs of roads or rights-of-way acquisition or roads or rights
  171  of-way rental; include any general administrative, management,
  172  or maintenance costs of the roads or rights-of-way; or be based
  173  on a percentage of the value or costs associated with the work
  174  to be performed on the roads or rights-of-way. In an action to
  175  recover amounts due for a fee not authorized under this
  176  paragraph, the prevailing party may recover court costs and
  177  attorney fees at trial and on appeal. In addition to the
  178  limitations set forth in this section, a fee levied by a
  179  municipality or charter county under this paragraph may not
  180  exceed $100. However, permit fees may not be imposed with
  181  respect to permits that may be required for service drop lines
  182  not required to be noticed under s. 556.108(5) or for any
  183  activity that does not require the physical disturbance of the
  184  roads or rights-of-way or does not impair access to or full use
  185  of the roads or rights-of-way, including, but not limited to,
  186  the performance of service restoration work on existing
  187  facilities, extensions of such facilities for providing
  188  communications services to customers, and the placement of micro
  189  wireless facilities in accordance with subparagraph (7)(e)3.
  190         1. If a municipality or charter county elects to not
  191  require permit fees, the total rate for the local communications
  192  services tax as computed under s. 202.20 for that municipality
  193  or charter county may be increased by ordinance or resolution by
  194  an amount not to exceed a rate of 0.12 percent.
  195         2. If a noncharter county elects to not require permit
  196  fees, the total rate for the local communications services tax
  197  as computed under s. 202.20 for that noncharter county may be
  198  increased by ordinance or resolution by an amount not to exceed
  199  a rate of 0.24 percent, to replace the revenue the noncharter
  200  county would otherwise have received from permit fees for
  201  providers of communications services.
  202         (d) In addition to any other notice requirements, a
  203  municipality must provide to the Secretary of State, at least 10
  204  days prior to consideration on first reading, notice of a
  205  proposed ordinance governing a telecommunications company
  206  placing or maintaining telecommunications facilities in its
  207  roads or rights-of-way. In addition to any other notice
  208  requirements, a county must provide to the Secretary of State,
  209  at least 15 days prior to consideration at a public hearing,
  210  notice of a proposed ordinance governing a telecommunications
  211  company placing or maintaining telecommunications facilities in
  212  its roads or rights-of-way. The notice required by this
  213  paragraph must be published by the Secretary of State on a
  214  designated Internet website. The failure of a municipality or
  215  county to provide such notice does not render the ordinance
  216  invalid, provided that enforcement of such ordinance must be
  217  suspended until 30 days after the municipality or county
  218  provides the required notice.
  219         (e) The authority of municipalities and counties to require
  220  franchise fees from providers of communications services, with
  221  respect to the provision of communications services, is
  222  specifically preempted by the state because of unique
  223  circumstances applicable to providers of communications services
  224  when compared to other utilities occupying municipal or county
  225  roads or rights-of-way. Providers of communications services may
  226  provide similar services in a manner that requires the placement
  227  of facilities in municipal or county roads or rights-of-way or
  228  in a manner that does not require the placement of facilities in
  229  such roads or rights-of-way. Although similar communications
  230  services may be provided by different means, the state desires
  231  to treat providers of communications services in a
  232  nondiscriminatory manner and to have the taxes, franchise fees,
  233  and other fees, costs, and financial or regulatory exactions
  234  paid by or imposed on providers of communications services be
  235  competitively neutral. Municipalities and counties retain all
  236  existing authority, if any, to collect franchise fees from users
  237  or occupants of municipal or county roads or rights-of-way other
  238  than providers of communications services, and the provisions of
  239  this subsection shall have no effect upon this authority. The
  240  provisions of this subsection do not restrict the authority, if
  241  any, of municipalities or counties or other governmental
  242  entities to receive reasonable rental fees based on fair market
  243  value for the use of public lands and buildings on property
  244  outside the public roads or rights-of-way for the placement of
  245  communications antennas and towers.
  246         (f) Except as expressly allowed or authorized by general
  247  law and except for the rights-of-way permit fees subject to
  248  paragraph (c), a municipality or county may not levy on a
  249  provider of communications services a tax, fee, or other charge
  250  or imposition for operating as a provider of communications
  251  services within the jurisdiction of the municipality or county
  252  which is in any way related to using its roads or rights-of-way.
  253  A municipality or county may not require or solicit in-kind
  254  compensation, except as otherwise provided in s. 202.24(2)(c)8.,
  255  provided that the in-kind compensation is not a franchise fee
  256  under federal law. Nothing in this paragraph impairs the
  257  authority of a municipality or county to request public,
  258  educational, or governmental access channels pursuant to s.
  259  610.109. Nothing in this paragraph shall impair any ordinance or
  260  agreement in effect on May 22, 1998, or any voluntary agreement
  261  entered into subsequent to that date, which provides for or
  262  allows in-kind compensation by a telecommunications company.
  263         (g) A municipality or county may not use its authority over
  264  the placement of facilities in its roads and rights-of-way as a
  265  basis for asserting or exercising regulatory control over a
  266  provider of communications services regarding matters within the
  267  exclusive jurisdiction of the Florida Public Service Commission
  268  or the Federal Communications Commission, including, but not
  269  limited to, the operations, systems, equipment, technology,
  270  qualifications, services, service quality, service territory,
  271  and prices of a provider of communications services. A
  272  municipality or county may not require any permit for the
  273  maintenance, repair, replacement, extension, or upgrade of
  274  existing aerial wireline communications facilities on utility
  275  poles or for aerial wireline facilities between existing
  276  wireline communications facility attachments on utility poles by
  277  a communications services provider. However, a municipality or
  278  county may require a right-of-way permit for work that involves
  279  excavation, closure of a sidewalk, or closure of a vehicular
  280  lane or parking lane, unless the provider is performing service
  281  restoration to existing facilities. A permit application
  282  required by an authority under this section for the placement of
  283  communications facilities must be processed and acted upon
  284  consistent with the timeframes provided in subparagraphs
  285  (7)(d)7., 8., and 9. In addition, a municipality or county may
  286  not require any permit or other approval, fee, charge, or cost,
  287  or other exaction for the maintenance, repair, replacement,
  288  extension, or upgrade of existing aerial lines or underground
  289  communications facilities located on private property outside of
  290  the public rights-of-way. As used in this section, the term
  291  “extension of existing facilities” includes those extensions
  292  from the rights-of-way into a customer’s private property for
  293  purposes of placing a service drop or those extensions from the
  294  rights-of-way into a utility easement to provide service to a
  295  discrete identifiable customer or group of customers.
  296         (h) A provider of communications services that has obtained
  297  permission to occupy the roads or rights-of-way of an
  298  incorporated municipality pursuant to s. 362.01 or that is
  299  otherwise lawfully occupying the roads or rights-of-way of a
  300  municipality or county shall not be required to obtain consent
  301  to continue such lawful occupation of those roads or rights-of
  302  way; however, nothing in this paragraph shall be interpreted to
  303  limit the power of a municipality or county to adopt or enforce
  304  reasonable rules or regulations as provided in this section and
  305  consistent with chapters 202, 364, and 610. Any such rules or
  306  regulations must be in writing, and registered providers of
  307  communications services in the municipality or county must be
  308  given at least 60 days’ advance written notice of any changes to
  309  the rules and regulations.
  310         (i) Except as expressly provided in this section, this
  311  section does not modify the authority of municipalities and
  312  counties to levy the tax authorized in chapter 202 or the duties
  313  of providers of communications services under ss. 337.402
  314  337.404. This section does not apply to building permits, pole
  315  attachments, or private roads, private easements, and private
  316  rights-of-way.
  317         (j) Notwithstanding the provisions of s. 202.19, when a
  318  local communications services tax rate is changed as a result of
  319  an election made or changed under this subsection, such rate may
  320  not be rounded to tenths.
  321         (6)
  322         (d) The amounts charged pursuant to this subsection shall
  323  be based on the linear miles of roads or rights-of-way where a
  324  communications facility is placed, not based on a summation of
  325  the lengths of individual cables, conduits, strands, or fibers.
  326  The amounts referenced in this subsection may be charged only
  327  once annually and only to one person annually for any
  328  communications facility. A municipality or county shall
  329  discontinue charging such amounts to a person that has ceased to
  330  be a pass-through provider. Any annual amounts charged shall be
  331  reduced for a prorated portion of any 12-month period during
  332  which the person remits taxes imposed by the municipality or
  333  county pursuant to chapter 202. Any excess amounts paid to a
  334  municipality or county shall be refunded to the person upon
  335  written notice of the excess to the municipality or county. A
  336  municipality or county may require a pass-through provider to
  337  provide an annual notarized statement identifying the total
  338  number of linear miles of pass-through facilities in the
  339  municipality’s or county’s rights-of-way. Upon request from a
  340  municipality or county, a pass-through provider must provide
  341  reasonable access to maps of pass-through facilities located in
  342  the rights-of-way of the municipality or county making the
  343  request. The scope of the request must be limited to only those
  344  maps of pass-through facilities from which the calculation of
  345  the linear miles of pass-through facilities in the rights-of-way
  346  can be determined. The request must be accompanied by an
  347  affidavit that the person making the request is authorized by
  348  the municipality or county to review tax information related to
  349  the revenue and mileage calculations for pass-through providers.
  350  A request may not be made more than once annually to a pass
  351  through provider.
  352         (7)(a) This subsection may be cited as the “Advanced
  353  Wireless Infrastructure Deployment Act.”
  354         (b) As used in this subsection, the term:
  355         1. “Antenna” means communications equipment that transmits
  356  or receives electromagnetic radio frequency signals used in
  357  providing wireless services.
  358         2. “Applicable codes” means uniform building, fire,
  359  electrical, plumbing, or mechanical codes adopted by a
  360  recognized national code organization or local amendments to
  361  those codes enacted solely to address threats of destruction of
  362  property or injury to persons, and includes the National
  363  Electric Safety Code and the 2017 edition of the Florida
  364  Department of Transportation Utility Accommodation Manual.
  365         3. “Applicant” means a person who submits an application
  366  and is a wireless provider.
  367         4. “Application” means a request submitted by an applicant
  368  to an authority for a permit to collocate small wireless
  369  facilities or to place a new utility pole used to support a
  370  small wireless facility.
  371         5. “Authority” means a county or municipality having
  372  jurisdiction and control of the rights-of-way of any public
  373  road. The term does not include the Department of
  374  Transportation. Rights-of-way under the jurisdiction and control
  375  of the department are excluded from this subsection.
  376         6. “Authority utility pole” means a utility pole owned by
  377  an authority in the right-of-way. The term does not include a
  378  utility pole owned by a municipal electric utility, a utility
  379  pole used to support municipally owned or operated electric
  380  distribution facilities, or a utility pole located in the right
  381  of-way within:
  382         a. A retirement community that:
  383         (I) Is deed restricted as housing for older persons as
  384  defined in s. 760.29(4)(b);
  385         (II) Has more than 5,000 residents; and
  386         (III) Has underground utilities for electric transmission
  387  or distribution.
  388         b. A municipality that:
  389         (I) Is located on a coastal barrier island as defined in s.
  390  161.053(1)(b)3.;
  391         (II) Has a land area of less than 5 square miles;
  392         (III) Has less than 10,000 residents; and
  393         (IV) Has, before July 1, 2017, received referendum approval
  394  to issue debt to finance municipal-wide undergrounding of its
  395  utilities for electric transmission or distribution.
  396         7. “Collocate” or “collocation” means to install, mount,
  397  maintain, modify, operate, or replace one or more wireless
  398  facilities on, under, within, or adjacent to a wireless support
  399  structure or utility pole. The term does not include the
  400  installation of a new utility pole or wireless support structure
  401  in the public rights-of-way.
  402         8. “FCC” means the Federal Communications Commission.
  403         9. “Micro wireless facility” means a small wireless
  404  facility having dimensions no larger than 24 inches in length,
  405  15 inches in width, and 12 inches in height and an exterior
  406  antenna, if any, no longer than 11 inches.
  407         10. “Small wireless facility” means a wireless facility
  408  that meets the following qualifications:
  409         a. Each antenna associated with the facility is located
  410  inside an enclosure of no more than 6 cubic feet in volume or,
  411  in the case of antennas that have exposed elements, each antenna
  412  and all of its exposed elements could fit within an enclosure of
  413  no more than 6 cubic feet in volume; and
  414         b. All other wireless equipment associated with the
  415  facility is cumulatively no more than 28 cubic feet in volume.
  416  The following types of associated ancillary equipment are not
  417  included in the calculation of equipment volume: electric
  418  meters, concealment elements, telecommunications demarcation
  419  boxes, ground-based enclosures, grounding equipment, power
  420  transfer switches, cutoff switches, vertical cable runs for the
  421  connection of power and other services, and utility poles or
  422  other support structures.
  423         11. “Utility pole” means a pole or similar structure that
  424  is used in whole or in part to provide communications services
  425  or for electric distribution, lighting, traffic control,
  426  signage, or a similar function. The term includes the vertical
  427  support structure for traffic lights but does not include a
  428  horizontal structure to which signal lights or other traffic
  429  control devices are attached and does not include a pole or
  430  similar structure 15 feet in height or less unless an authority
  431  grants a waiver for such pole.
  432         12. “Wireless facility” means equipment at a fixed location
  433  which enables wireless communications between user equipment and
  434  a communications network, including radio transceivers,
  435  antennas, wires, coaxial or fiber-optic cable or other cables,
  436  regular and backup power supplies, and comparable equipment,
  437  regardless of technological configuration, and equipment
  438  associated with wireless communications. The term includes small
  439  wireless facilities. The term does not include:
  440         a. The structure or improvements on, under, within, or
  441  adjacent to the structure on which the equipment is collocated;
  442         b. Wireline backhaul facilities; or
  443         c. Coaxial or fiber-optic cable that is between wireless
  444  structures or utility poles or that is otherwise not immediately
  445  adjacent to or directly associated with a particular antenna.
  446         13. “Wireless infrastructure provider” means a person who
  447  has been certificated under chapter 364 to provide
  448  telecommunications service or under chapter 610 to provide cable
  449  or video services in this state, or that person’s affiliate, and
  450  who builds or installs wireless communication transmission
  451  equipment, wireless facilities, or wireless support structures
  452  but is not a wireless services provider.
  453         14. “Wireless provider” means a wireless infrastructure
  454  provider or a wireless services provider.
  455         15. “Wireless services” means any services provided using
  456  licensed or unlicensed spectrum, whether at a fixed location or
  457  mobile, using wireless facilities.
  458         16. “Wireless services provider” means a person who
  459  provides wireless services.
  460         17. “Wireless support structure” means a freestanding
  461  structure, such as a monopole, a guyed or self-supporting tower,
  462  or another existing or proposed structure designed to support or
  463  capable of supporting wireless facilities. The term does not
  464  include a utility pole, pedestal, or other support structure for
  465  ground-based equipment not mounted on a utility pole and less
  466  than 5 feet in height.
  467         (c) Except as provided in this subsection, an authority may
  468  not prohibit, regulate, or charge for the collocation of small
  469  wireless facilities in the public rights-of-way or for the
  470  installation, maintenance, modification, operation, or
  471  replacement of utility poles used for the collocation of small
  472  wireless facilities in the public rights-of-way.
  473         (d) An authority may require a registration process and
  474  permit fees in accordance with subsection (3). An authority
  475  shall accept applications for permits and shall process and
  476  issue permits subject to the following requirements:
  477         1. An authority may not directly or indirectly require an
  478  applicant to perform services unrelated to the collocation for
  479  which approval is sought, such as in-kind contributions to the
  480  authority, including reserving fiber, conduit, or pole space for
  481  the authority.
  482         2. An applicant may not be required to provide more
  483  information to obtain a permit than is necessary to demonstrate
  484  the applicant’s compliance with applicable codes for the
  485  placement of small wireless facilities in the locations
  486  identified in the application. An applicant may not be required
  487  to provide inventories, maps, or locations of communications
  488  facilities in the right-of-way other than as necessary to avoid
  489  interference with other at-grade or aerial facilities located at
  490  the specific location proposed for a small wireless facility or
  491  within 50 feet of such location.
  492         3. An authority may not:
  493         a. Require the placement of small wireless facilities on
  494  any specific utility pole or category of poles;
  495         b. Require the placement of multiple antenna systems on a
  496  single utility pole;
  497         c. Require a demonstration that collocation of a small
  498  wireless facility on an existing structure is not legally or
  499  technically possible as a condition for granting a permit for
  500  the collocation of a small wireless facility on a new utility
  501  pole except as provided in paragraph (i);
  502         d. Require compliance with an authority’s provisions
  503  regarding placement of small wireless facilities or a new
  504  utility pole used to support a small wireless facility in
  505  rights-of-way under the control of the department unless the
  506  authority has received a delegation from the department for the
  507  location of the small wireless facility or utility pole, or
  508  require such compliance as a condition to receive a permit that
  509  is ancillary to the permit for collocation of a small wireless
  510  facility, including an electrical permit;
  511         e. Require a meeting before filing an application;
  512         f. Require direct or indirect public notification or a
  513  public meeting for the placement of communication facilities in
  514  the right-of-way;
  515         g. Limit the size or configuration of a small wireless
  516  facility or any of its components, if the small wireless
  517  facility complies with the size limits in this subsection;
  518         h. Prohibit the installation of a new utility pole used to
  519  support the collocation of a small wireless facility if the
  520  installation otherwise meets the requirements of this
  521  subsection; or
  522         i. Require that any component of a small wireless facility
  523  be placed underground except as provided in paragraph (i).
  524         4. Subject to paragraph (r), an authority may not limit the
  525  placement, by minimum separation distances, of small wireless
  526  facilities, utility poles on which small wireless facilities are
  527  or will be collocated, or other at-grade communications
  528  facilities. However, within 14 days after the date of filing the
  529  application, an authority may request that the proposed location
  530  of a small wireless facility be moved to another location in the
  531  right-of-way and placed on an alternative authority utility pole
  532  or support structure or placed on a new utility pole. The
  533  authority and the applicant may negotiate the alternative
  534  location, including any objective design standards and
  535  reasonable spacing requirements for ground-based equipment, for
  536  30 days after the date of the request. At the conclusion of the
  537  negotiation period, if the alternative location is accepted by
  538  the applicant, the applicant must notify the authority of such
  539  acceptance and the application shall be deemed granted for any
  540  new location for which there is agreement and all other
  541  locations in the application. If an agreement is not reached,
  542  the applicant must notify the authority of such nonagreement and
  543  the authority must grant or deny the original application within
  544  90 days after the date the application was filed. A request for
  545  an alternative location, an acceptance of an alternative
  546  location, or a rejection of an alternative location must be in
  547  writing and provided by electronic mail.
  548         5. An authority shall limit the height of a small wireless
  549  facility to 10 feet above the utility pole or structure upon
  550  which the small wireless facility is to be collocated. Unless
  551  waived by an authority, the height for a new utility pole is
  552  limited to the tallest existing utility pole as of July 1, 2017,
  553  located in the same right-of-way, other than a utility pole for
  554  which a waiver has previously been granted, measured from grade
  555  in place within 500 feet of the proposed location of the small
  556  wireless facility. If there is no utility pole within 500 feet,
  557  the authority shall limit the height of the utility pole to 50
  558  feet.
  559         6. The installation by a communications services provider
  560  of a utility pole in the public rights-of-way, other than a
  561  utility pole used to support a small wireless facility, is
  562  subject to authority rules or regulations governing the
  563  placement of utility poles in the public rights-of-way.
  564         7. Within 14 days after receiving an application, an
  565  authority must determine and notify the applicant by electronic
  566  mail as to whether the application is complete. If an
  567  application is deemed incomplete, the authority must
  568  specifically identify the missing information. An application is
  569  deemed complete if the authority fails to provide notification
  570  to the applicant within 14 days.
  571         8. An application must be processed on a nondiscriminatory
  572  basis. A complete application is deemed approved if an authority
  573  fails to approve or deny the application within 60 days after
  574  receipt of the application. If an authority does not use the 30
  575  day negotiation period provided in subparagraph 4., the parties
  576  may mutually agree to extend the 60-day application review
  577  period. The authority shall grant or deny the application at the
  578  end of the extended period. A permit issued pursuant to an
  579  approved application shall remain effective for 1 year unless
  580  extended by the authority.
  581         9. An authority must notify the applicant of approval or
  582  denial by electronic mail. An authority shall approve a complete
  583  application unless it does not meet the authority’s applicable
  584  codes. If the application is denied, the authority must specify
  585  in writing the basis for denial, including the specific code
  586  provisions on which the denial was based, and send the
  587  documentation to the applicant by electronic mail on the day the
  588  authority denies the application. The applicant may cure the
  589  deficiencies identified by the authority and resubmit the
  590  application within 30 days after notice of the denial is sent to
  591  the applicant. The authority shall approve or deny the revised
  592  application within 30 days after receipt or the application is
  593  deemed approved. The review of a revised application is limited
  594  to the deficiencies cited in the denial. If an authority
  595  provides for administrative review of the denial of an
  596  application, the review must be complete and a written decision
  597  issued within 45 days after a written request for review is
  598  made. A denial must identify the specific code provisions on
  599  which the denial is based. If the administrative review is not
  600  complete within 45 days, the authority waives any claim
  601  regarding failure to exhaust administrative remedies in any
  602  judicial review of the denial of an application.
  603         10. An applicant seeking to collocate small wireless
  604  facilities within the jurisdiction of a single authority may, at
  605  the applicant’s discretion, file a consolidated application and
  606  receive a single permit for the collocation of up to 30 small
  607  wireless facilities. If the application includes multiple small
  608  wireless facilities, an authority may separately address small
  609  wireless facility collocations for which incomplete information
  610  has been received or which are denied.
  611         11. An authority may deny an application to collocate a
  612  small wireless facility or place a utility pole used to support
  613  a small wireless facility in the public rights-of-way if the
  614  proposed small wireless facility or utility pole used to support
  615  a small wireless facility:
  616         a. Materially interferes with the safe operation of traffic
  617  control equipment.
  618         b. Materially interferes with sight lines or clear zones
  619  for transportation, pedestrians, or public safety purposes.
  620         c. Materially interferes with compliance with the Americans
  621  with Disabilities Act or similar federal or state standards
  622  regarding pedestrian access or movement.
  623         d. Materially fails to comply with the 2017 edition of the
  624  Florida Department of Transportation Utility Accommodation
  625  Manual.
  626         e. Fails to comply with applicable codes.
  627         f. Fails to comply with objective design standards
  628  authorized under paragraph (r).
  629         12. An authority may adopt by ordinance provisions for
  630  insurance coverage, indemnification, force majeure, abandonment,
  631  authority liability, or authority warranties. Such provisions
  632  must be reasonable and nondiscriminatory. An authority may
  633  require a construction bond to secure restoration of the
  634  postconstruction rights-of-way to the preconstruction condition.
  635  However, such bond must be time-limited to not more than 18
  636  months after the construction to which the bond applies is
  637  completed. For any financial obligation required by an authority
  638  allowed under this section, the authority shall accept a letter
  639  of credit or similar financial instrument issued by any
  640  financial institution that is authorized to do business within
  641  the United States, provided that a claim against the financial
  642  instrument may be made by electronic means, including by
  643  facsimile. A provider of communications services may add an
  644  authority to any existing bond, insurance policy, or other
  645  relevant financial instrument, and the authority must accept
  646  such proof of coverage without any conditions other than consent
  647  to venue for purposes of any litigation to which the authority
  648  is a party. An authority may not require a communications
  649  services provider to indemnify it for liabilities not caused by
  650  the provider, including liabilities arising from the authority’s
  651  negligence, gross negligence, or willful conduct.
  652         13. Collocation of a small wireless facility on an
  653  authority utility pole does not provide the basis for the
  654  imposition of an ad valorem tax on the authority utility pole.
  655         14. An authority may reserve space on authority utility
  656  poles for future public safety uses. However, a reservation of
  657  space may not preclude collocation of a small wireless facility.
  658  If replacement of the authority utility pole is necessary to
  659  accommodate the collocation of the small wireless facility and
  660  the future public safety use, the pole replacement is subject to
  661  make-ready provisions and the replaced pole shall accommodate
  662  the future public safety use.
  663         15. A structure granted a permit and installed pursuant to
  664  this subsection shall comply with chapter 333 and federal
  665  regulations pertaining to airport airspace protections.
  666         (e) An authority may not require any permit or other
  667  approval or require fees or other charges, costs, or other
  668  exactions for:
  669         1. Routine maintenance, the performance of service
  670  restoration work on existing facilities, or repair work,
  671  including, but not limited to, emergency repairs of existing
  672  facilities or extensions of such facilities for providing
  673  communications services to customers;
  674         2. Replacement of existing wireless facilities with
  675  wireless facilities that are substantially similar or of the
  676  same or smaller size; or
  677         3. Installation, placement, maintenance, or replacement of
  678  micro wireless facilities that are suspended on cables strung
  679  between existing utility poles in compliance with applicable
  680  codes by or for a communications services provider authorized to
  681  occupy the rights-of-way and who is remitting taxes under
  682  chapter 202. An authority may require an initial letter from or
  683  on behalf of such provider, which is effective upon filing,
  684  attesting that the micro wireless facility dimensions comply
  685  with the limits of this subsection. The authority may not
  686  require any additional filing or other information as long as
  687  the provider is deploying the same, a substantially similar, or
  688  a smaller size micro wireless facility equipment.
  689  
  690  Notwithstanding this paragraph, an authority may require a
  691  right-of-way permit for work that involves excavation, closure
  692  of a sidewalk, or closure of a vehicular lane or parking lane,
  693  unless the provider is performing service restoration on an
  694  existing facility and the work is done in compliance with the
  695  2017 edition of the Florida Department of Transportation Utility
  696  Accommodation Manual. An authority may require notice of such
  697  work within 30 days after restoration and may require an after
  698  the-fact permit for work which would otherwise have required a
  699  permit.
  700         (f) Collocation of small wireless facilities on authority
  701  utility poles is subject to the following requirements:
  702         1. An authority may not enter into an exclusive arrangement
  703  with any person for the right to attach equipment to authority
  704  utility poles.
  705         2. The rates and fees for collocations on authority utility
  706  poles must be nondiscriminatory, regardless of the services
  707  provided by the collocating person.
  708         3. The rate to collocate small wireless facilities on an
  709  authority utility pole may not exceed $150 per pole annually.
  710         4. Agreements between authorities and wireless providers
  711  that are in effect on July 1, 2017, and that relate to the
  712  collocation of small wireless facilities in the right-of-way,
  713  including the collocation of small wireless facilities on
  714  authority utility poles, remain in effect, subject to applicable
  715  termination provisions. The wireless provider may accept the
  716  rates, fees, and terms established under this subsection for
  717  small wireless facilities and utility poles that are the subject
  718  of an application submitted after the rates, fees, and terms
  719  become effective.
  720         5. A person owning or controlling an authority utility pole
  721  shall offer rates, fees, and other terms that comply with this
  722  subsection. By the later of January 1, 2018, or 3 months after
  723  receiving a request to collocate its first small wireless
  724  facility on a utility pole owned or controlled by an authority,
  725  the person owning or controlling the authority utility pole
  726  shall make available, through ordinance or otherwise, rates,
  727  fees, and terms for the collocation of small wireless facilities
  728  on the authority utility pole which comply with this subsection.
  729         a. The rates, fees, and terms must be nondiscriminatory and
  730  competitively neutral and must comply with this subsection.
  731         b. For an authority utility pole that supports an aerial
  732  facility used to provide communications services or electric
  733  service, the parties shall comply with the process for make
  734  ready work under 47 U.S.C. s. 224 and implementing regulations.
  735  The good faith estimate of the person owning or controlling the
  736  pole for any make-ready work necessary to enable the pole to
  737  support the requested collocation must include pole replacement
  738  if necessary.
  739         c. For an authority utility pole that does not support an
  740  aerial facility used to provide communications services or
  741  electric service, the authority shall provide a good faith
  742  estimate for any make-ready work necessary to enable the pole to
  743  support the requested collocation, including necessary pole
  744  replacement, within 60 days after receipt of a complete
  745  application. Make-ready work, including any pole replacement,
  746  must be completed within 60 days after written acceptance of the
  747  good faith estimate by the applicant. Alternatively, an
  748  authority may require the applicant seeking to collocate a small
  749  wireless facility to provide a make-ready estimate at the
  750  applicant’s expense for the work necessary to support the small
  751  wireless facility, including pole replacement, and perform the
  752  make-ready work. If pole replacement is required, the scope of
  753  the make-ready estimate is limited to the design, fabrication,
  754  and installation of a utility pole that is substantially similar
  755  in color and composition. The authority may not condition or
  756  restrict the manner in which the applicant obtains, develops, or
  757  provides the estimate or conducts the make-ready work subject to
  758  usual construction restoration standards for work in the right
  759  of-way. The replaced or altered utility pole shall remain the
  760  property of the authority.
  761         d. An authority may not require more make-ready work than
  762  is required to meet applicable codes or industry standards. Fees
  763  for make-ready work may not include costs related to preexisting
  764  damage or prior noncompliance. Fees for make-ready work,
  765  including any pole replacement, may not exceed actual costs or
  766  the amount charged to communications services providers other
  767  than wireless services providers for similar work and may not
  768  include any consultant fee or expense.
  769         (g) For any applications filed before the effective date of
  770  ordinances implementing this subsection, an authority may apply
  771  current ordinances relating to placement of communications
  772  facilities in the right-of-way related to registration,
  773  permitting, insurance coverage, indemnification, force majeure,
  774  abandonment, authority liability, or authority warranties.
  775  Permit application requirements and small wireless facility
  776  placement requirements, including utility pole height limits,
  777  that conflict with this subsection must be waived by the
  778  authority. An authority may not institute, either expressly or
  779  de facto, a moratorium, zoning-in-progress, or other mechanism
  780  that would prohibit or delay the filing, receiving, or
  781  processing of registrations, applications, or issuing of permits
  782  or other approvals for the collocation of small wireless
  783  facilities or the installation, modification, or replacement of
  784  utility poles used to support the collocation of small wireless
  785  facilities.
  786         (h) Except as provided in this section or specifically
  787  required by state law, an authority may not adopt or enforce any
  788  regulation on the placement or operation of communications
  789  facilities in the rights-of-way by a provider authorized by
  790  state law to operate in the rights-of-way and may not regulate
  791  any communications services or impose or collect any tax, fee,
  792  or charge not specifically authorized under state law. This
  793  paragraph does not alter any law regarding an authority’s
  794  ability to regulate the relocation of facilities.
  795         (i)1. In an area where an authority has required all public
  796  utility lines in the rights-of-way to be placed underground, a
  797  wireless provider must comply with written, objective,
  798  reasonable, and nondiscriminatory requirements that prohibit new
  799  utility poles used to support small wireless facilities if:
  800         a. The authority, at least 90 days prior to the submission
  801  of an application, has required all public utility lines to be
  802  placed underground;
  803         b. Structures that the authority allows to remain above
  804  ground are reasonably available to wireless providers for the
  805  collocation of small wireless facilities and may be replaced by
  806  a wireless provider to accommodate the collocation of small
  807  wireless facilities; and
  808         c. A wireless provider may install a new utility pole in
  809  the designated area in the right-of-way that otherwise complies
  810  with this subsection and it is not reasonably able to provide
  811  wireless service by collocating on a remaining utility pole or
  812  other structure in the right-of-way.
  813         2. For small wireless facilities installed before an
  814  authority adopts requirements that public utility lines be
  815  placed underground, an authority adopting such requirements
  816  must:
  817         a. Allow a wireless provider to maintain the small wireless
  818  facilities in place subject to any applicable pole attachment
  819  agreement with the pole owner; or
  820         b. Allow the wireless provider to replace the associated
  821  pole within 50 feet of the prior location in accordance with
  822  paragraph (r).
  823         (j) A wireless infrastructure provider may apply to an
  824  authority to place utility poles in the public rights-of-way to
  825  support the collocation of small wireless facilities. The
  826  application must include an attestation that small wireless
  827  facilities will be collocated on the utility pole or structure
  828  and will be used by a wireless services provider to provide
  829  service within 9 months after the date the application is
  830  approved. The authority shall accept and process the application
  831  in accordance with subparagraph (d)6. and any applicable codes
  832  and other local codes governing the placement of utility poles
  833  in the public rights-of-way.
  834         (k) This subsection does not limit a local government’s
  835  authority to enforce historic preservation zoning regulations
  836  consistent with the preservation of local zoning authority under
  837  47 U.S.C. s. 332(c)(7), the requirements for facility
  838  modifications under 47 U.S.C. s. 1455(a), or the National
  839  Historic Preservation Act of 1966, as amended, and the
  840  regulations adopted to implement such laws. An authority may
  841  enforce local codes, administrative rules, or regulations
  842  adopted by ordinance in effect on April 1, 2017, which are
  843  applicable to a historic area designated by the state or
  844  authority. An authority may enforce pending local ordinances,
  845  administrative rules, or regulations applicable to a historic
  846  area designated by the state if the intent to adopt such changes
  847  has been publicly declared on or before April 1, 2017. An
  848  authority may waive any ordinances or other requirements that
  849  are subject to this paragraph.
  850         (l) This subsection does not authorize a person to
  851  collocate or attach wireless facilities, including any antenna,
  852  micro wireless facility, or small wireless facility, on a
  853  privately owned utility pole, a utility pole owned by an
  854  electric cooperative or a municipal electric utility, a
  855  privately owned wireless support structure, or other private
  856  property without the consent of the property owner.
  857         (m) The approval of the installation, placement,
  858  maintenance, or operation of a small wireless facility pursuant
  859  to this subsection does not authorize the provision of any
  860  voice, data, or video communications services or the
  861  installation, placement, maintenance, or operation of any
  862  communications facilities other than small wireless facilities
  863  in the right-of-way.
  864         (n) This subsection does not affect provisions relating to
  865  pass-through providers in subsection (6).
  866         (o) This subsection does not authorize a person to
  867  collocate or attach small wireless facilities or micro wireless
  868  facilities on a utility pole, unless otherwise permitted by
  869  federal law, or erect a wireless support structure in the right
  870  of-way located within a retirement community that:
  871         1. Is deed restricted as housing for older persons as
  872  defined in s. 760.29(4)(b);
  873         2. Has more than 5,000 residents; and
  874         3. Has underground utilities for electric transmission or
  875  distribution.
  876  
  877  This paragraph does not apply to the installation, placement,
  878  maintenance, or replacement of micro wireless facilities on any
  879  existing and duly authorized aerial communications facilities,
  880  provided that once aerial facilities are converted to
  881  underground facilities, any such collocation or construction
  882  shall be only as provided by the municipality’s underground
  883  utilities ordinance.
  884         (p) This subsection does not authorize a person to
  885  collocate or attach small wireless facilities or micro wireless
  886  facilities on a utility pole, unless otherwise permitted by
  887  federal law, or erect a wireless support structure in the right
  888  of-way located within a municipality that:
  889         1. Is located on a coastal barrier island as defined in s.
  890  161.053(1)(b)3.;
  891         2. Has a land area of less than 5 square miles;
  892         3. Has fewer than 10,000 residents; and
  893         4. Has, before July 1, 2017, received referendum approval
  894  to issue debt to finance municipal-wide undergrounding of its
  895  utilities for electric transmission or distribution.
  896  
  897  This paragraph does not apply to the installation, placement,
  898  maintenance, or replacement of micro wireless facilities on any
  899  existing and duly authorized aerial communications facilities,
  900  provided that once aerial facilities are converted to
  901  underground facilities, any such collocation or construction
  902  shall be only as provided by the municipality’s underground
  903  utilities ordinance.
  904         (q) This subsection does not authorize a person to
  905  collocate small wireless facilities or micro wireless facilities
  906  on an authority utility pole or erect a wireless support
  907  structure in a location subject to covenants, conditions,
  908  restrictions, articles of incorporation, and bylaws of a
  909  homeowners’ association. This paragraph does not apply to the
  910  installation, placement, maintenance, or replacement of micro
  911  wireless facilities on any existing and duly authorized aerial
  912  communications facilities.
  913         (r) An authority may require wireless providers to comply
  914  with objective design standards adopted by ordinance. The
  915  ordinance may only require:
  916         1. A new utility pole that replaces an existing utility
  917  pole to be of substantially similar design, material, and color;
  918         2. Reasonable spacing requirements concerning the location
  919  of a ground-mounted component of a small wireless facility which
  920  does not exceed 15 feet from the associated support structure;
  921  or
  922         3. A small wireless facility to meet reasonable location
  923  context, color, camouflage, and concealment requirements,
  924  subject to the limitations in this subsection; and
  925         4. A new utility pole used to support a small wireless
  926  facility to meet reasonable location context, color, and
  927  material of the predominant utility pole type at the proposed
  928  location of the new utility pole.
  929  
  930  Such design standards under this paragraph may be waived by the
  931  authority upon a showing that the design standards are not
  932  reasonably compatible for the particular location of a small
  933  wireless facility or utility pole or are technically infeasible
  934  or that the design standards impose an excessive expense. The
  935  waiver must be granted or denied within 45 days after the date
  936  of the request.
  937         (8)(a) Any person aggrieved by a violation of this section
  938  may bring a civil action in a United States District Court or in
  939  any other court of competent jurisdiction.
  940         (b) The court may:
  941         1. Grant temporary or permanent injunctions on terms as it
  942  may deem reasonable to prevent or restrain violations of this
  943  section; and
  944         2. Direct the recovery of full costs, including awarding
  945  reasonable attorney fees, to the party who prevails.
  946         (9) All work in the authority’s rights-of-way under this
  947  section must comply with the 2017 edition of the Florida
  948  Department of Transportation Utility Accommodation Manual.
  949         Section 2. This act shall take effect July 1, 2020.